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  • pooja_34
    12-20 04:06 PM
    I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.





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  • snathan
    02-11 12:17 AM
    Please contribute

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000





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  • spindoctor
    07-19 11:21 PM
    I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.

    back to your post



    That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.

    Consular processing is a long shot, best bet is as someone else said in the post
    Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.

    I will pray and hope that you will get GC soon and your spouse be able to join you.

    And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.


    Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.

    And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?

    Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.





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  • plp039
    10-02 01:35 PM
    hi,
    my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!

    puzzled
    plp



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  • Shirdibaba
    11-04 06:59 PM
    Thakyou Nrk,
    what do u mean by preadjudicated?
    I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
    Hope all goes well.
    U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.

    Thnx again.SB





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  • waitin_toolong
    07-31 12:14 PM
    guys cool down it took them till end of May about 2 months to issue all receipt notices for H1 filed on Apr 2 this year. With the whole yes-no-yes situation this month they are definitely backlogged. Lets just wait till we actually get the receipts .

    there is no point in calling names.



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  • xela
    01-15 10:05 AM
    sent letter to WH and copy to IV





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  • mrane1
    09-26 03:01 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...



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  • svr_76
    03-11 06:31 PM
    Nope.

    For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate

    A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.

    Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.

    Before starting to blame consulting companies, ask yourself a question.
    How many of you got a job offer from a US company ( non-consulting) when you were in India ?

    Either you came to US through a consulting company or you were a student in US.

    Per your logic if someone tries to stop/end bribing in India, you will question them saying-

    Before starting to blame Bribe seeking entities, ask yourself a question.
    How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?

    What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.

    It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?





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  • dreamgc_real
    04-22 10:12 AM
    To all the antis posting here........read this.........
    http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf

    Obviously Sherriff Joe Arpaio didn't get this memo............



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  • glus
    09-26 07:35 AM
    Hi,
    I think at this point, you need to show that the original 2000 graduation date was final and true. I would try to get a letter from your school stating that you did graduate with B.S. degree in 2000 and 2000 was the graduation year. Try to get an official letter stating that. The letter could, if possible, explain why later dates appear on you degree transcript. However, it must underline that you graduated in year 2000.





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  • nag2007
    10-11 04:25 PM
    Yes Sir. Unfortunate for labor not cleared in time.
    EB3 RIR March 2005.



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  • bfadlia
    02-27 04:53 PM
    It's really strange the surge in non-legal issues threads..
    If the poster had any genuine hope of getting help she wouldn�t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
    Somebody is trying to establish an association between us and drug and other law breaking criminals..
    Time to put these red dots to a good use.. Get�er boys :)





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  • anilsal
    12-20 11:45 PM
    I know Carl Shusterman regularly posts on this forum:
    http://britishexpats.com/forum/

    Is he aware of IV?



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  • gc4arun
    08-19 10:57 AM
    pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO


    NC is cleared( source: Recent Infopass appt )





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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).



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  • rsrikant
    08-10 10:26 AM
    Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.

    don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
    jumping the line part i understood. but the first part of your quote is not true...





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  • Jimi_Hendrix
    12-12 01:23 PM
    Here's your answer in the bulletin

    EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p





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  • sprajulu
    08-05 11:11 PM
    Friends

    Category:- EB2
    Nationality:- India
    PD:- December/2004
    I140:- RD May-10-2007/Approved on Dec-21-2007
    I485:-Applied Aug 13-2007





    baba2s
    11-25 04:59 PM
    Pappu,
    As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
    Thanks

    http://www.travel.state.gov/pdf/WaitingListItem.pdf





    EBX-Man
    05-12 08:54 AM
    I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?

    That is because he does not have the drive and initiative that you have ...



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